Daily Republican., 1887-05-19
stjPEKaoR CoUnT.
'wxnsssss stli Bsfhk Exnminod In ths
Case OF Clark vs. Ohurchman-A Wit
ness with Bad Memory.

- ~ ~ " 1
|vxnsssss stni Bsfhk k1amined In the
Case OF Clark vs. Ohurchman-A Wit
moss With Bad Memory.
Yesterday afternoons session Of the
Superior Court convened at O'Clock,
with Chief Justice Oomegys and Asso-
ciate Judges Houston and Paynter pre-
siding, and again proceeded with the
case OF Clark vs. Ohurchman.
Jeremiah Walters, colcred, testified
that he is ditch bank builder, and foe
the past twelve or fifteen years has had
charge Of the banks on the CLARK farm.
He nembered the break In the banks,
and knew 1t was repaired In week.
The witness kept the bank In repair
until October, 1884, when he won't
a way, bat came back In the winter. He
was employed by Curtis CLARK, and put
Q bank high enough to stop any ordi.
nary tide 1T the lower breach, but when
he com mepced on the breach near
|Churchman's place he received orders
to stop.
Mr.. Nields offered In evidence . re.
ceipt from the American Dredging
Comps for $500, paid In July, 1884.
by Philip R. Clark, for strengthening
Henry Bordham testifled that Mr..
O hurcbm told him that he had been
trying for some time to get that farm
out OF Mr. Clark's hands, and he thought
he had about done 1t, and didn't caro-
who knew 1t. This conversation took
place in September, 1885. The witness
went to live on tho place March "a, 1855,
but had examined the place previously
ia February Of that year. He thought
there was Q chance to make some
money on the farm, and that was the
reason he moved there. The under.
standing WAS that about 20 acres of the
land was to be cropped In oats and corn;
this 20 acres WAS killed with the wstsr
which had run on 1t from the G Christiana
and White CLAY Greek. He rented the
place from Philip r. CLARK.
When this witness left the stand Mr..
Bradford addressed the court and said
that the evidence Of the last witness
clearly showed thAt there was . defect
tered suit with the belief that Emma A.
Clark WAS In possession OF the farm,
whereas 1t has been shown that II WAS
in possession Of Henry Bordham, Is
tenant, on shares. He, therefore,
tho declaration, a. 1t now appears that
the terms Of the lease, to one half the
pasture. He did not think there could
be any objection to this amendment, %
it Is one Of subtraction and could not
by any means affect tho issue.
MI Higgins opposed the application,
eatd that ha hoA hoan -nndavNnn -
what the plaintiff was going to do,
close his case, he comes with this offer
this kind WAS coming, and therefore he
was not taken by surprise.
The motion for the amendment was
| postponed until this morning, when
Mr.. Bradford agreed to present the
amendment in writing, and the M
Ihori,ies, II any can be found, bearing
on the oase.
William Hamilton testified that In
the fall of 1885 he went In n boat over
Clark's meadow and gunned for rail
birds, and shot $50 during the season
Jacob Henry Miller, colored, testified
that he works on farms and did some
work on the bank in 1904. "What," ("
said Mr.. Nields, "you don't mean
that. Don't you mean 1884?"
Yes, sir" said the witness.
snow Jacob, how many years has It
been since you worked on the banker"
asked Mr.. Nields.
II guess about three or four or fve,"
he replied, when Mr.. Nields, thoroughly
dtsgusted, said, "Your almanac 10 80
different from ours that you can retire. /"
Frederick Muascn. colored, testified
that he worked on the Clark farm In
1884, ard that there was good crop of
hay. The ground was overfiowed once,
but 1t did not seem to hurt the grass, as
there was good crop In the fall. He
thought the crop would have been as
good in 1855 Is 1t was in 1884 II the
grass had not been killed by the water,
which came In through the cut that
was made In the bank that spring.
| Anthony Reybold testified that he is
acquainted with the Clark farm and
drove all over the meadow In the fall
OF 1881; ut that time 1t was In good
| order, and from what he saw thers WAS
| nothing to prevent 1t raising good
crop. He had q con yersation with Mr.
IChurchman in the Third street market
about the banks. and he told him that
he would not allow CLARK 10 join his
banks.
He nlso told the witness that II some
ons would buy the mortgage en- the
place, and then put the sheriff on 1t,
they could get o cheap farm. 1t was
the opinion Of the witness that dry
bank i5 superior to . vet bank. The
witness has had an experience of forty
years among banks In marsh land. He
considered that the overflow In 1885
damaged the meadow very much, and
thought 1t was injured at least SIC, Goo.
In his opinion 1t would take 80 years
slter ihts cut was stopped up to bring
the land back TO what 1t wao In 1884, but
with the cut open 1t could never be re-
claimed. He thought the farm was
worth from S25, 900 to $50. COO In 1884,
nut when he saw 1t in 1885 he would
noG no. like to have given more than tl6,.
oo0. or at the outside $40, 600 for 1t.
on ross-examination by Mr.. Higgins
tne Witness admitted that Philip r..
Uisrk 10 his nephew, and that Mis-.
!Oiark is also distant relative, At 6
Iociock court took recess until 10
O'Clock this morning.
Bsso Hail.
The following games were played
yesterday:
,,,i p,hiiinsdelphia-PhilAdelphis, IA Z; De-
o, "ashington-Washington, II; Chica.